Term
| Purpose of criminal punishment |
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Definition
1. Retribution - punishment is good because the act was wrong
2. rehabilitation - treat the wrongdoers
3. deterrence - punishment for the act will prevent the act
4. incapacitation - locked up they can't commit more crimes |
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Term
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Definition
Statute - written by the legislature
common law - law judges
constitution - grants the powers |
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Term
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Definition
1st - plain meaning
2nd - legislative intent
3rd - statutory structure
4th - policy
5th - "So-called" rule of lenity |
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Term
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Definition
Blockburger test
Lesser included A+B+C/A+B+C+D
Not lesser included A+B+C+D/A+B+C+E |
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Definition
Intent to do the act
act speaks for itself |
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Term
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Definition
| A plus factor - the idea that the act was wrong despite not desiring the outcome |
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Term
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Definition
| aggravated, culpable, gross or reckless that is such a departure from what would be the conduct of an ordinarily prudent or careful person under the same circumstances as to be incompatible with a proper regard for human life. |
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Definition
| Intent to bring about a particular consequence |
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Term
| How do we determine intent? |
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Definition
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Term
| Intoxication's effect on Specific intent |
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Definition
| can be a defense, has to prove didn't know the consequences of his actions |
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Term
| Intoxication's effect on general intent |
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Definition
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Term
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Definition
General intent - honest and reasonable
Specific intent - honest mistake IF it negates the requisite intent |
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Term
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Definition
Ignorance of the law is no excuse
ignorance of the wrongfulness is no excuse
If the mistake of law serves to negate the requisite specific intent |
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Term
| Classification of mistake of law and mistake of fact |
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Definition
| leaves some wiggle room for judges |
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Term
| "so-called" strict liability |
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Definition
| Allows for the prosecution to not have to prove intent - really more of a super negligence standard |
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Term
| Advantages and disadvantages of MPC |
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Definition
Advantages: clear cut and element analysis
Disadvantages: formalistic approach makes it difficult to "do justice" |
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Term
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Definition
1. Purpose
2. Knowledge
3. Reckless
4. Negligence |
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Term
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Definition
| Acting with the desire to bring about the results |
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Term
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Definition
| aware that the conduct will almost certainly lead to the result |
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Term
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Definition
consciously disregard a substantial and unjustifiable risk (usually a gross deviation from the conduct of a reasonable person)
know the risk and disregard |
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Term
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Definition
should have been aware of a substantial and unjustifiable risk exists or will result
should have known |
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Term
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Definition
element analysis: each material element has a mens rea associated with it
a mens rea term flows through unless a contrary purpose plainly appears |
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Term
| Unique requirement of federal crimes |
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Definition
| Must be justified under the limited powers granted by the constitution |
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Term
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Definition
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Term
| Intoxication's effect on MPC |
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Definition
| If a sober person would be considered reckless, then all thats required is the drunk person be negligent. |
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Term
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Definition
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Term
| Strict liability and Federal mens rea |
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Definition
| Can be guilty without culpability if its reasonable to impose a duty |
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Term
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Definition
| Evil in itself - crimes with a basis in the common law |
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Term
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Definition
| Knowingly damaging another's property |
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Term
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Definition
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Term
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Definition
| Enter with intent to commit a crime |
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Term
| Larceny and embezzlement not treated as civil cases? |
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Definition
| not really a remedy is someone stealing money |
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Term
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Definition
1. lost - owner has involuntarily given up, larceny if intent to steal
2. mislaid - voluntarily puts in a place and forgets, guilty of left
3. abandoned property - voluntarily leaves property, free to take |
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Term
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Definition
| In general proximity alone is not sufficient to prove possession |
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Term
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Definition
| can be found based on: 1. proximity 2. knowledge of the illicit substance 3. a nexus |
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Term
| How is intent to distribute determined? |
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Definition
| quantity of drugs possessed leads to an inference |
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Term
| Common law attempt: how close? |
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Definition
| Dangerous proximity to the completion of a crime |
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Term
| Common law attempt: Legal impossibility |
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Definition
| if the act was completed it would not be a crime is a valid defense |
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Term
| common law attempt: factual impossibility |
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Definition
| the crime is impossibile to complete due to a circumstance unknown to the defendant, NOT a valid defense |
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Term
| Common Law Attempt: Abandonment |
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Definition
| Have to be dangerously close to the completion of the crime, can't abandon under common law |
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Term
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Definition
acting with the cuplability otherwise required for the commission of an offense if: 1. the circumstances were as such person believes them to be
2. the intended result occured
3. the conduct was completed |
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Term
| MPC Attempt: failure of circumstance |
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Definition
| engages in conduct that would be crime if circumstance was as he believed them to be |
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Term
| MPC Attempt: Failure of result |
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Definition
when causing a result is an element of a crime, the defendant does anything that believes will result
i.e. they don't die |
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Term
| MPC Attempt definition: substantial step |
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Definition
whenever the design of the conduct is to commit a crime, even the slightest of acts will constitute a crime.
Slight acts rule. |
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Term
| MPC attempt: impossibility |
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Definition
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Term
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Definition
| voluntary and complete renunciation of criminal purpose |
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Term
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Definition
not a lesser included offense, can be convicted of both solicitation and the crime you are soliciting.
Getting another person to commit a crime. |
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Term
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Definition
1. making an agreement with someone else
2. the performance of an overt act in furtherance of the crime |
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Term
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Definition
| buyers and sellers are generally not considered conspirators |
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Term
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Definition
| all conspirators are equally liable for all the crimes |
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Term
| Aiding and abetting requires... |
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Definition
| the crime have been committed |
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Term
| aiding and abetting conduct |
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Definition
| any conduct that furthers the commission of a crime (need not be aware that you are helping) and must be associated with the venture in some way |
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Term
| aiding and abetting mens rea |
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Definition
| must share the criminal intent of the principle AND must be a community of purpose in the undertaking |
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Term
| conspiracy renunciation under the MPC |
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Definition
| Person must thwart the success in order to renounce |
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Term
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Definition
| there must be a duty to act before someone can be guilty of not acting |
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Term
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Definition
Consensual sex in exchange for money
1. must have physical contact for the gratification of the client in exchange for money
2. paid for the purpose of sexual arousal |
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Term
| Fraudulent sex: fraud in the fact |
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Definition
| fraudulent representation about what you are doing is guilty of sexual abuse |
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Term
| fraudulent sex - fraud in the inducement |
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Definition
| principle misrepresents reasons in which the person engages, not illegal unless a professional relationship |
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Term
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Definition
sexual intercourse
obtained by force or threat
without consent of the victime |
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Term
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Definition
Liberal view: act of penetration is sufficient force
Common: more than just penetration is required |
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Term
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Definition
| can't have a mistake of fact to rape no need of knowledge of the consent |
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Term
| Rape consent requirement: |
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Definition
| evidence of the lack of consent required |
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Term
| rape consent: affirmative proof |
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Definition
| consent must be affirmative and given freely, can be interpreted from acts or statements |
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Term
| Rape consent: withdrawing consent |
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Definition
| rape occurs the moment the victim expresses objection and attempts to end the encounter and the principle continues |
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Term
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Definition
A person may be so intoxicated they legally cannot give consent but give actual consent
mistake of fact to the level of intoxication can be a defense |
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Term
| Rape amount of intoxication required |
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Definition
| prevented from exercising sound judgment |
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Term
| Statutory rape culpability |
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Definition
| Strict liability, no mens rea term associated with stautory rape, intent to have sex is sufficient |
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Term
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Definition
| conduct causing death with a mens rea |
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Term
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Definition
1. but for: but for the act death wouldn't have occurred
2. proximate: sufficient relation between conduct and death
- a normative decision |
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Term
| Homicide and attempt requirements |
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Definition
1. specific intent to kill
2. the commission of an overt act
- must go beyond mere preparation |
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Term
| Involuntary manslaughter elements |
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Definition
| causing the death of another as a result of recklessness |
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Term
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Definition
| causing the death of another with intent to do so and usually malice aforethought |
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Term
| Malice aforethought definition |
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Definition
| intent to kill, knowledge act is going to kill, abandoned and malignant heart, depraved indifference to human life, intent to maim or cause seriously bodily injury |
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Term
| 2nd degree murder: formation of intent |
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Definition
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Term
| 1st degree murder elements |
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Definition
| intent to kill plus premeditation |
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Term
| 1st degree murder formation of intent |
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Definition
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Term
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Definition
| 1st degree murder along with aggravating circumstances |
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Term
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Definition
| killings that are adequately provoked |
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